A-86529, JUNE 11, 1937, 16 COMP. GEN. 1071

A-86529: Jun 11, 1937

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APPROPRIATION AVAILABILITY - PORTABLE AIR-CONDITIONING UNITS FOR PUBLIC BUILDINGS - UNITED STATES TARIFF COMMISSION THERE IS NO OBJECTION TO THE USE OF THE APPROPRIATION FOR THE UNITED STATES TARIFF COMMISSION FOR THE PURCHASE. PROVIDED IT IS ADMINISTRATIVELY DETERMINED THEY ARE ESSENTIAL TO THE PERFORMANCE OF THE DUTIES REQUIRED OF THE COMMISSION. IS AS FOLLOWS: THE TARIFF COMMISSION HAS FOR THE PAST THIRTEEN YEARS OCCUPIED SPACE IN THE OLD LAND OFFICE BUILDING. ABOUT TWO YEARS AGO WHEN GENERAL PLANS WERE BEING CONSIDERED FOR AIR CONDITIONING OLD GOVERNMENT BUILDINGS. THE NATIONAL PARK SERVICE WAS REQUESTED TO INCLUDE CERTAIN OFFICES OF THE COMMISSION IN THE PROGRAM. OUR REQUEST WAS TENTATIVELY APPROVED BUT FINALLY FAILED BECAUSE OF SHORTAGE OF FUNDS.

A-86529, JUNE 11, 1937, 16 COMP. GEN. 1071

APPROPRIATION AVAILABILITY - PORTABLE AIR-CONDITIONING UNITS FOR PUBLIC BUILDINGS - UNITED STATES TARIFF COMMISSION THERE IS NO OBJECTION TO THE USE OF THE APPROPRIATION FOR THE UNITED STATES TARIFF COMMISSION FOR THE PURCHASE, AFTER ADVERTISING, OF PORTABLE AIR-CONDITIONING UNITS FOR USE IN ITS PUBLIC BUILDING OFFICE SPACE, PROVIDED IT IS ADMINISTRATIVELY DETERMINED THEY ARE ESSENTIAL TO THE PERFORMANCE OF THE DUTIES REQUIRED OF THE COMMISSION, AND INVOLVE NO STRUCTURAL CHANGE IN THE BUILDING OR PLUMBING CONNECTIONS IN THEIR INSTALLATION.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE CHAIRMAN, UNITED STATES TARIFF COMMISSION, JUNE 11, 1937:

YOUR LETTER OF MAY 26, 1937, IS AS FOLLOWS:

THE TARIFF COMMISSION HAS FOR THE PAST THIRTEEN YEARS OCCUPIED SPACE IN THE OLD LAND OFFICE BUILDING, LOCATED BETWEEN SEVENTH AND EIGHTH, E AND F STREETS NW. THE STRUCTURE AND LOCATION OF THE BUILDING MAKE IT EXTREMELY DIFFICULT DURING THE SUMMER MONTHS TO VENTILATE THE OFFICES PROPERLY AND AT THE SAME TIME KEEP OUT DUST AND TRAFFIC NOISES FROM THE STREETS. ABOUT TWO YEARS AGO WHEN GENERAL PLANS WERE BEING CONSIDERED FOR AIR CONDITIONING OLD GOVERNMENT BUILDINGS, THE NATIONAL PARK SERVICE WAS REQUESTED TO INCLUDE CERTAIN OFFICES OF THE COMMISSION IN THE PROGRAM. OUR REQUEST WAS TENTATIVELY APPROVED BUT FINALLY FAILED BECAUSE OF SHORTAGE OF FUNDS.

TO ALLEVIATE IN PART THE CONDITIONS REFERRED TO, THE COMMISSION IS DESIROUS OF INSTALLING IN THE EXECUTIVE OFFICES SMALL MOVABLE OR PORTABLE AIR-CONDITIONING OR VENTILATION UNITS.

IS THE REGULAR APPROPRIATION OF THE TARIFF COMMISSION AVAILABLE TO PURCHASE THAT TYPE OF EQUIPMENT?

THE APPROPRIATION FOR THE SALARIES AND EXPENSES OF THE TARIFF COMMISSION FOR 1936, ACT OF MARCH 19, 1936, 49 STAT. 1180, PROVIDES:

FOR SALARIES AND EXPENSES OF THE TARIFF COMMISSION, INCLUDING PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA AND ELSEWHERE, PURCHASE AND EXCHANGE OF LABOR-SAVING DEVICES, THE PURCHASE OF PROFESSIONAL AND SCIENTIFIC BOOKS, LAW BOOKS, BOOKS OF REFERENCE, GLOVES AND OTHER PROTECTIVE EQUIPMENT FOR PHOTOSTAT AND OTHER MACHINE OPERATORS, RENT IN THE DISTRICT OF COLUMBIA AND ELSEWHERE, SUBSCRIPTIONS TO NEWSPAPERS AND PERIODICALS, AND CONTRACT STENOGRAPHIC REPORTING SERVICES, AS AUTHORIZED BY SECTIONS 330 TO 341 OF THE TARIFF ACT OF 1930, APPROVED JUNE 17, 1930 (U.S.C., SUPP. VII, TITLE 19, SECS. 1330-1341), $941,000, TOGETHER WITH $4,000 OF THE UNEXPENDED BALANCE OF THE APPROPRIATION FOR THIS PURPOSE FOR THE FISCAL YEAR 1935. * * *

IN DECISION A-56741, DATED AUGUST 13, 1934, TO THE CHAIRMAN, SECURITIES AND EXCHANGE COMMISSION, THERE WAS CONSIDERED A QUESTION SUBSTANTIALLY IDENTICAL WITH THAT HERE PRESENTED AND IT WAS THERE HELD THAT:

IT IS UNDERSTOOD THAT THE AIR-CONDITIONING EQUIPMENT WHICH THE COMMISSION CONTEMPLATES PURCHASING IS OF THE PORTABLE TYPE AND THAT THE PROPOSED INSTALLATION WOULD NOT CONTRAVENE THE RULE PROHIBITING USE OF APPROPRIATED MONEYS FOR IMPROVEMENTS TO RENTED PREMISES. SEE 5 COMP. DEC. 478; 2 COMP. GEN. 607; 5 ID. 366. IF SUCH ARE THE FACTS AND YOU SPECIFICALLY DETERMINE THAT THE SAID EQUIPMENT IS NECESSARY "FOR THE PURPOSE OF ADMINISTERING THE PROVISIONS OF THE SECURITIES ACT OF 1934," AND EVIDENCE OF SUCH DETERMINATION IS FILED WITH THE VOUCHER UPON WHICH PAYMENT IS MADE, THIS OFFICE WILL INTERPOSE NO OBJECTION TO THE PURCHASE, IF OTHERWISE CORRECT, IT BEING UNDERSTOOD, OF COURSE, THAT THE REQUIREMENTS AS TO ADVERTISING, ETC., WILL BE COMPLIED WITH.

THE HOLDING IN THE DECISION ABOVE QUOTED IS EQUALLY APPLICABLE TO THE SITUATION HERE PRESENTED. ACCORDINGLY, IF IT BE ADMINISTRATIVELY DETERMINED THAT THE PORTABLE AIR-CONDITIONING UNITS ARE ESSENTIAL TO THE PROPER PERFORMANCE OF THE DUTIES REQUIRED OF THE COMMISSION AND INVOLVE NO STRUCTURAL CHANGES IN THE BUILDING OR PLUMBING CONNECTIONS, THIS OFFICE WOULD NOT BE REQUIRED TO OBJECT TO THE USE OF YOUR APPROPRIATION FOR THE PURCHASE OF SUCH UNITS UNDER THE CONDITIONS STATED IN THE CITED DECISION. CF. A-54725, APRIL 13, 1934; A-55493, JUNE 21, 1934.